Why you need Trademark Protection in Nigeria
February 20, 2024
What Is A Trademark?
A trademark is a recognisable symbol, word, phrase, design, or sound that helps distinguish a specific product or service from its competitors. It’s like a unique identifier that tells consumers, “This belongs to a particular company.
What Is Trademark Protection?
A trademark is a symbol of your intellectual property. Most successful, big businesses have their trademarks at risk of being infringed by competitors. Safeguarding your intellectual property means protecting your trademark from counterfeiting and infringement. To ensure this, you must ensure that no other business is using your mark, and you must bring legal charges to anyone who uses your mark without your permission. Conduct research and develop a strong trademark that no competitor can copy or steal from you.
Why You Need Trademark Protection In Nigeria
In Nigeria, the Trademarks Act, Laws of the Federation of Nigeria 2004 (LFN 2004) is the law that governs trademarks. This act lays down the procedure for registering trademarks, enforcing trademark rights and provides remedies for trademark infringement.
Registering a trademark in nigeria and globally can be overstated. The certificate of trademark registration issued by the Registrar serves as undeniable proof of registration of a mark. It grants the owner the right to use the trademark exclusively. With a registered trademark, your business is legally protected and safeguards your brand’s identity and reputation.
As the owner of a registered trademark, you can also transfer the trademark to an individual or a corporate entity and earn income from it. Any breach of the registered trademark can result in an enforcement action, and the registered trademark owner can obtain an injunctive order or damages against the infringer.
Basic Requirements for Trademark Registration in Nigeria
- Applicant’s details, including name, signature, nationality, and address
- Details of the trademark you want to register
- A representation of the trademark
The classification of goods and services as per the classification of goods and services used in Nigeria- A signed Power of Attorney
What Can Be Registered As A Trademark?
Registering a wide range of items as a trade mark, including devices, brands, headings, labels, tickets, names, signatures, words, letters, colour marks, numerals, and any combination of these, is possible. Three-dimensional marks are also eligible for trade mark protection.
How to register a trademark
1. Availability Search and Application
Begin by informing an agent, typically a lawyer, about the basic details of your trademark, whether it’s a logo, symbol, etc. A search is then carried out at the Trademark Registry to confirm the absence of similar or conflicting marks. If no conflicts arise, file the trademark registration application with the Trademark Registry. Upon submitting the application form and paying the required fees, the Registrar issues an acknowledgement letter confirming the receipt of your application.
2. Acceptance
If the application is endorsed due to the mark’s distinctiveness, the Registrar of Trademarks will issue a Letter of Acceptance within one to three months.
3. Publication and Certification
After an application is accepted, the Registrar publishes a notice of the application in the Nigerian Trademark Journal. This is done to inform any interested parties who may have objections to the application. The opposition period is two months, starting from the date of publication. Suppose no objections are raised, or an objection is deemed invalid. In that case, the Applicant can then apply for a Certificate of Registration. Upon approval, the Registrar of Trademarks will issue a Certificate of Registration to the Applicant.
Once a trademark is registered, it remains valid for an initial period of 7 years from the filing date. After that, the trademark can be renewed every 14 years, allowing it to remain in perpetuity.
Remember, registering your trademark in Nigeria comes with many benefits, such as protecting your brand identity from any form of infringement. In addition, you can lease out your registered trademark to any individual or organisation who wishes to use it or even own it in the future.
To register your trademark, consult us at BeeBot.